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Singapore court rejects appeal to gain control of US$1.5b sustainable development fund

Litigants cannot hope to prevail by simply shoehorning a claim into the ESG space, says lawyer

Michelle Quah

Michelle Quah

Published Mon, Sep 19, 2022 · 06:53 PM
    • This case is believed to be the first time a representative action of this nature and magnitude has been brought before Singapore’s highest court, and has implications for similar actions in the future. (PHOTO: ST)
    • While the law may need to evolve as the conversation around ESG matures, as this case demonstrates, litigants cannot hope to prevail by simply shoehorning a claim into the ESG space, said Mark Seah, co-head of Dentons Rodyk’s commercial litigation practice. (PHOTO: Dentons Rodyk)
    • This case is believed to be the first time a representative action of this nature and magnitude has been brought before Singapore’s highest court, and has implications for similar actions in the future. (PHOTO: ST) PHOTO: BT FILE
    • While the law may need to evolve as the conversation around ESG matures, as this case demonstrates, litigants cannot hope to prevail by simply shoehorning a claim into the ESG space, said Mark Seah, co-head of Dentons Rodyk’s commercial litigation practice. (PHOTO: Dentons Rodyk) PHOTO: DENTONS RODYK

    A US$1.5 billion claim against a Singapore company that involved seeking redress for some 150,000 people affected by environmental damage in Papua New Guinea has been shot down yet again – the latest episode in a 3-decade legal saga.

    The most recent development came in the form of the Singapore Court of Appeal’s decision on Thursday (Sep 15) to uphold an earlier High Court decision from last year to strike out the claim.

    The claim was filed as a representative action against the Singapore-registered public company PNG Sustainable Development Program (PNG), on behalf of members of certain communities in the Western Province of Papua New Guinea that had been adversely affected by environmental damage caused by a gold and copper mine there.

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